Metis settlement consultation policy has gaps, says MSGC president

April 6, 2016.

The Metis settlements consultation policy that was announced Tuesday by the province is a “good first step towards coming up with a meaningful consultation protocol,” says Randy Hardy, president of the Metis Settlements General Council.

Hardy says there are still two outstanding items that need to be dealt with: a dispute resolution mechanism and inclusion of traditional land in the Metis consultation land base.

“Consultation is only half of the picture,” he said. “The other half has an accommodation aspect to it.”

If the Metis settlement feels that the accommodation is insufficient, there is no mechanism in place to resolve the issue.

Also, as the policy stands now, consultation is only triggered by development within the boundaries of the eight Metis settlements, which represents 1.25 million acres. But the MSGC wants the government to extend the consultation boundaries to include lands within a 160 km radius around settlements – the same boundaries in which Metis are allowed to legally harvest– and eventually to include all traditional Metis land.

“We want to use the (harvesting boundaries) as interim boundaries until we come up with the ones we can negotiate,” said Hardy. He added that the MSGC has underway some “pretty comprehensive” land use studies “done very scientifically” that outline traditional Metis territory.

MSGC, as a “dually legislated legitimate government,” has a mandate to negotiate for the eight existing Metis settlements, which are all legally surveyed and governed by four pieces of legislation. However, the traditional Metis communities fall outside MSGC’s mandate. The Metis Nation of Alberta represents Metis living off settlements, but as a political organization registered under the Societies Act, the MNA does not have the mandate to negotiate.

MSGC has been working with the province for two a half years on the consultation policy, says Hardy, but he is clear, like the First Nations consultation policy, the Metis Settlements consultation policy is a government policy.  And like the First Nations consultation policy, the Aboriginal Consultation Office, which is administered by the Ministry of Indigenous Relations, sets the terms for consultation, including when consultation is required and how much is required.

Hardy says there was no concern about coming to an initial agreement on a consultation policy, even though there are outstanding issues.

“Our past experience with the former regime was built on a relationship of integrity and trust and we have no reason to assume the Notley government won’t continue that relationship. In fact, all indicators are they’re going to go above and beyond the commitment by the former regime,” said Hardy, who points to the NDP government’s endorsement of the United Nations Declaration on the Rights of Indigenous Peoples, which calls for supporting and enhancing Indigenous peoples’ traditional territories and lands.

Hardy says the negotiation and discussion process is ongoing, including a meeting with Indigenous Relations Minister Richard Feehan on Thursday. Hardy is hopeful that negotiations can be finalized by fall and freeze-up “because that’s when the gas and oil really gets into high gear.”

While the consultation policy for economic development is important and can bring about training, employment and economic prosperity on the settlements, “it’s not the be-all end-all. Economic development comes in bite-sizes. It’s not one quick fix for the entire Metis settlement community,” said Hardy. “Self-government comes over a couple of generations, it just doesn’t happen overnight. And we’re looking at the long game, not the short game.”

The Government of Alberta’s Policy on Consultation with Metis Settlements on Land and Natural Resource Management was approved by Cabinet in fall 2015. The policy came into effect April 4 with the release of The Government of Alberta’s Guidelines on Consultation with Metis Settlements on Land and Natural Resource Management.6